Contract Between
Franklin Tp-Somerset
- and -
AFSCME Co 73 Loc 2426
* * *
07/01/2002 thru 06/30/2005

UnitProfessionals, Supervisors

Contract Text Below


A. The following titles constitute the bargaining unit, until such time as the parties agree to any additional classifications excluding, however, confidential employees, and all other employees excluded by statute N.J.S.A. 34:13A.3:Township Engineer, Director of Public Works, Director of Fire Prevention, Director of Planning, Director of Health , Director of Community Resources, Director of Recreation, Superintendent of Recreation ,Construction Official, Zoning Administrator, Tax Collector ,Court Administrator, Assistant Township Engineer, Records and Information Systems Supervisor ,Computer Systems Administrator, Grants Coordinator ,Economic Development Director, Capital Projects Engineer and Senior Water Engineer.

B. The title “employee” shall be defined to include the plural unless otherwise indicated.

C. Any gender specific references contained herein shall be deemed to include the opposite gender as well.


A. The Township hereby agrees to deduct from the salaries of employees covered by this Agreement dues for Union membership. Said monies, together with records regarding any corrections, shall be transmitted to the Union offices at 3635 Quakerbridge Road, Suite 1, Trenton, New Jersey 08619, by the end of the next month following the semi-monthly pay period in which the deductions were made. If there shall be any change in the rate of membership dues during the life of this agreement, the Union shall furnish to the Township written notice thirty (30) days prior to the effective date of such change on stationary bearing the Union letterhead.

B. Any employee covered by this Agreement who does not choose to have dues deducted from his salary must pay a representation fee in lieu of dues to the Union. The representation fee shall be in an amount equivalent to the regular membership dues, charged by the majority representation to its own members less the cost of benefits financed through the dues, fees, and assessments, and available to or benefiting only its members but in no event shall such fee exceed eighty-five percent (85%) of the regular membership dues. The collection of such representation fee and appeal of such fee in regard to this Agreement shall be governed by N.J.S.A. 34:13A.5.5 through N.J.S.A. 34:13A-5.8.

C. The Union will provide the necessary check-off authorization forms, and deliver said forms to the designated Township officials as provided for in N.J.S.A. 52:14-15(e), as mandated.

D. The Union indemnifies, defends, and saves the Township harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by the Township in reliance upon the salary deduction authorization cards submitted by the Union to the Township or any action taken by the Township under all sections of this article.


This contract represents complete collective bargaining and full agreement by the parties in respect to rates of pay, wages, hours of employment or other conditions of employment which shall prevail during the term hereof and any matters or subjects not herein covered have been satisfactorily adjusted, compromised or waived by the parties for the life of this agreement.


A. The Union covenants and agrees that during the term of this Agreement, neither the Union nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence of any Employee from his position or stoppage of work, or absence in whole part or in part, from the full, faithful and proper performance of the Employee’s duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Employer.

B. The Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down or other activity aforementioned or supporting any such activity by any Employee or group of Employees of the Employer and that Union will publicly disavow each action and order all such activities to cease and desist from same immediately to and return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the Union order.

C. Nothing contained in this Agreement shall be construed to limit or restrict the Employer in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach by the Union or its members.


A. The Employer and the Union agree that there shall be no discrimination against any employee because of age, race, creed, color, religion, marital status, sex, national origin, political affiliation, sexual preference, and physical handicap.

B. The Employer and the Union agree that all employees covered under the Agreement have the right without fear of penalty or reprisal to form, join and assist any employee organization or to refrain from any such activity. There shall be no discrimination by the Employer or the Union against any employee because of the employee’s membership or non-membership or activity or non-activity in the Union.


A. Union officers and stewards in cooperation with the Employer shall have the right to enter upon the premises of the Employer during working hours, with no loss of pay, for the purpose of conducting normal duties related to the enforcement and policing of this Agreement, so long as such visits do not interfere with proper service to the public, and with prior notice to the Department Head or his designee Township Manager or the Assistant Township Manager

B. Effective upon this Agreement, Union members to be designated by the Union shall be granted four (4) paid days per year providing these days coincide with their regularly scheduled work days, and four (4) unpaid days per year in the aggregate to attend Union conferences or conventions. It is further understood that these leave days are not cumulative on a year to year basis

The union shall request these days at least two (2) weeks in advance.


Section 1
The Employer hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitutions of the State of New Jersey and of the United States.

A. The executive management and administrative control of its municipality, its properties and facilities, and activities of its Employees, personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the Employer.

B. Management's right to make reasonable rules and regulations as it may from time to time deem best for the purpose of maintaining order, safety and or the effective operation of the Department after advance notice to the Employees. No rule or regulation shall be implemented before discussing same with the Union. The Union has ten (10) business days to object to the regulation. If the Union does not object within this time frame, the rule or regulation shall be deemed acceptable and its reasonableness shall not be subject to the grievance procedure.

The township shall negotiate any item determined to be negotiable by the laws of the State of New Jersey.

C. To set rates of pay for temporary or seasonal employees.

D. To suspend, demote or take any other appropriate disciplinary actions against Employees for good and just cause according to law.

E. Nothing contained herein shall prohibit the Employer from contracting out any work.

F. Subject to Article (4) Section (3) Force Reduction; to lay off Employees in the event of lack of funds or under conditions where continuation of such work would be inefficient and non- productive.

G. The Employer reserves the right as to all other conditions of employment not reserved to make such changes as it deems desirable and necessary for the efficient and effective operation of the Departments involved.

Section 2
In the exercise of the foregoing powers, rights, authority, duties and responsibilities of the Employer, the adoption of policies, rules, regulations and practices in the furtherance therewith, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and expressed terms hereof in conformance with the laws and Constitutions of the State of New Jersey and of the United States.

Section 3
Nothing contained herein shall be construed to deny or restrict the Employer of its rights, responsibilities and authority under R.S.40A:1-1 et seq., or any national, state, county or local laws or regulations.


A. A separate personnel history file shall be established and maintained for each employee covered by this Agreement. Personnel history files are confidential records and shall only be maintained in the Township Personnel Director’s Assistant Township Manager’s office.

B. Each employee shall have the right to inspect and review his or her own individual personnel file, upon request to the Employer. The Employer recognizes and agrees to permit this review and examination at any reasonable time. Employees shall have the right to photocopy, define, explain, or object to in writing anything found in his personnel file, and this writing shall be come a part of the employee’s personnel file. Such response must occur within ten (10) days of recovery in file or be waived.

C. All personnel history files shall be carefully maintained and safeguarded.

D. Employees shall receive a copy of each derogatory or disciplinary document being placed in his or her personnel file within ten (10) days. The employee shall sign off and date any document given to him, and have the right to place a written rebuttal response to any and all disciplinary documents contained in the personnel file. All warnings and minor reprimands over three (3) years old shall be deleted from the Township’s personnel file provided it does not result in suspension or removal personnel file provided there are no subsequent reprimands, warnings, corrected and/or disciplinary actions of the same nature in the employee’s file. It is further understood that all major disciplinary actions will remain in the employee’s file.

E. The files maintained by the Township Personnel Director Assistant Township Manager are the official personnel files for all employees. No other official file or personnel record will be maintained. However, it is agreed that a Supervisor's reference file will be maintained for day-to-day reference. Supervisor’s file may not be used in disciplinary procedures.

F. Employees will receive all copies of change of status forms. Original change of status forms will remain in personnel file.

G. Job descriptions and job classifications of employees covered under this contract will be maintained and made available in Personnel Office.


A. Members of this bargaining unit are responsible for identifying, investigating, and remediating hazardous conditions. Where such conditions are outside the scope of the members’ authority or budgeted resources, members are responsible for bringing to the attention of Township Manager recommendations for remediation of hazardous conditions. Bargaining unit members are responsible for seeing that remediation plans approved by the Township Manager are implemented in a timely fashion.

B. All Township employees are required to have a high regard for personal safety and the safety of others.

C. The Employer agrees to comply with P.E.O.S.H.A. standards for safety. In accordance with section A of this Article, bargaining unit members are responsible for ensuring that the Township complies with P.E.O.S.H.A. standards for safety within the units under their supervision. If the Township Manager has not acted on a remediation recommendation made by a member under section A within a reasonable period of time, the employee or the Union will give the Township Manager written notice ten (10) days prior to the employee or Union filing a complaint with P.E.O.S.H.A.

All members of this bargaining unit are members of the Township Safety Committee, which shall recommend, review, and enforce safety policies.

D. Failure to use safety equipment may subject the employee to disciplinary action.


A. All employees hired or promoted during the term of this Agreement shall serve a probationary period of six (6) months with option to extend six (6) months from the date of hire. During this probationary period, the Township reserves the right to terminate a probationary employee for any reason. An employee, if terminated, shall not have recourse through the grievance procedure set forth in this Agreement.

B. A probationary employee shall be evaluated twice during any six (6) month probationary period. One evaluation shall take place after three (3) months of employment. The second evaluation shall take place no early than four (4) weeks before the end of the probationary but at least two (2) weeks before the end of the probationary period.

C. Evaluations shall document the progress of probationary employee. Employees with unsatisfactory evaluations shall be told what actions are necessary to successfully complete the evaluations period or that their probationary period will be extended.


Bargaining unit members are considered continually on duty and shall be responsible to see that they receive fair time off in lieu of overtime compensation within the framework of sound administration. Request may not be unreasonably denied.

1. Bargaining unit members are considered continually on duty, which shall mean that except when on vacation members shall call back when page or voice mail message is received.

2. No discipline if unit member has a good reason not to report for duty outside normal working hours, which for unit includes meetings that are part of their duties.

    ARTICLE 12

    A. The vacation policy for the Bargaining Unit as established and agreed to by the Township shall be as follows: Based upon the anniversary date each member of the Bargaining Unit shall accumulate vacation benefits in accordance with the following schedule:
      1. Vacation entitlement shall be accrued using the day the employee commences employment with the Township (including time accrued as a member of any other department of the Township).

      2. Entitlement shall be as follows:
        Year one - one day per full month of service, not to exceed 10 days
        Vacation will accrue but may not be used until after six month probationary period

        5 years – 15 days
        10 years – 20 days
        15 years – 25 days
        20 years – 30 days

    Any member of the Bargaining Unit shall have the right to accumulate and carry over from year to year up to three (3) years earned vacation.

    Requests for vacation shall not be unreasonably denied.

    ARTICLE 13

    A. Employees covered by this contract who are assigned duties higher than their classification or job description for more than ten (10) days shall be compensated at the rate of 6% higher than their current salary or the minimum of the higher classification, whichever is greater.

    ARTICLE 14

    A. No employee shall receive a pay cut on promotion.

    B. All employees promoted shall receive a higher salary calculated in the following manner. The employee’s salary under his old job title shall be increased by either six percent (6%) or to the new minimum salary, whichever is greater, or such rate as established by negotiations with the Union. but only includes job titles covered by this agreement.

    C. An employee whose appointment does not become permanent, whose prior position is filled, and who is not placed in a vacant position will be eligible for the following post-employment benefits:
      1. one month’s outplacement assistance from a firm selected/paid by employer for each year of employment up to nine (9) months.

      2. Health benefits at one (1) month for each year of employment with the Township, paid in accordance with their category under Article 26 for up to six (6) months and per COBRA afterwards.

    ARTICLE 15

    A. By making application thirty (30) calendar days prior to the effective date, employees may apply to the Township Manager for a leave of absence without pay. Employees may be granted up to ninety (90) days of approved absence without loss or adjustment to seniority rights. However, employee shall deposit with the township funds to cover continuations to health, disability and pension benefits, if it is desired to continue benefits through the leave of absence without pay periods. Sick and vacation days will not accrue after thirty (30) days absence without pay.

    B. Maternity leave, paternity leave, leave for the adoption of a child and leave necessary for the illness of a member of an employee’s household which require the employees personal care and attention shall be in accordance with the Family and Medical Leave Act.

    ARTICLE 16

    Military leave shall be granted in accordance with State and Federal law.

    ARTICLE 17

    A. Employees covered by this agreement shall be reimbursed for all professional job related licenses and professional organization memberships as per the approval of the Township Manager which shall not be unreasonably denied. Any employee required to take continuing education courses to maintain his professional licenses shall be granted administrative leave time for such purpose without having the leave time charged to his vacation or personal time accumulation. Reimbursement for expenses incurred in attending continuing education units shall include the cost of accommodations and meals, with a daily maximum of $50 per day for meals.

    B. All proper documentation will be required to receive reimbursement. All expenses to be reimbursed within sixty (60) calendar days.

    ARTICLE 18

    A. Reimbursement for car expenses will be made at current IRS rate.

    B. Toll and parking expenses will be reimbursed when receipts are submitted.

    ARTICLE 19

    A. Members of the Bargaining Unit shall be entitled to up to five (5) days off with pay at the straight time rate in the event of the death of a member’s spouse or child.

    B. In the event of the death of a member’s parent, parent-in-law, grandparent, sister, or brother, the employee shall be entitled to up to three (3) days off with pay at the straight time rate.

    C. In the event of the death of a member’s grandchild, sister-in-law, or brother-in-law, the employee shall be entitled to one (1) day off with pay at the straight time rate.

    D. In the event of the death of anyone not listed above, but someone who regularly lives with a bargaining unit member, that member shall be entitled to three (3) days off with pay at the straight time rate.

    ARTICLE 20

    For purposes of this Article, separation includes layoff for economic reasons, reorganization which eliminates or substantially downgrades the employee’s position, resignation or resignation in lieu of dismissal under Article 21 and failure to complete probation upon promotion. A member may request union representation at the time of notice.

    All employees shall be given one hundred and twenty (120) working days written notice prior to the effective date of any separation.

    Employees subject to layoff or reorganization shall be informed of all vacant positions in the Township. If an employee subject to layoff meets minimum qualifications for a vacant position, the employee will be interviewed. If the employee is not selected for a vacant position, the employee will receive an explanation why.

    A. In lieu of layoff, an employee may displace a less senior employee in the classification currently held or in a lower classification provided the employee is qualified to perform the functions of that different job classification.

    B. In the event of the elimination of a department and/or division, and a similar department and/or division is created, the seniority/layoff and recall provisions shall be adhered to.

    C. In all applications of seniority, departmental seniority shall be given preference in vacation schedules, overtime, personal days, and work shifts where a dispute arises between two or more employees.

    D. In matters of promotion or demotion, if qualifications, abilities and fitness are equal, than the employee with the highest seniority shall prevail.

    E. The Township shall maintain an accurate, up-to-date seniority roster showing each employee’s date of hire, classification, and pay rate and shall furnish copies of same to the Union upon request.

    F. The Township shall promptly advise the appropriate Union representative of any change which necessitates amendments to the seniority list.

    ARTICLE 20 (Cont.)

    During the one hundred and twenty (120) day notice period prior to any separation, an employee may engage in job search activities in accordance with a transition plan to be developed between the employee and the employer. Upon written notice of separation, the employer shall refer the employee to a professional outplacement service for assistance in finding other employment.

    If a separated employee has not obtained a full-time position as of the effective date of separation, the following benefits shall be provided until such employment is obtained, subject to the time limits stated herein and provided the separated employee continues to engage in good faith efforts to find other employment. The employer will pay for one (1) month of outplacement service for each year the employee worked for the Township, up to nine (9) months. The employer will provide health benefits in accordance with Article 26 on the basis of one (1) month per each year of Township employment, up to six (6) months, and in accordance with COBRA thereafter.

    If an employee was separated for reasons of economic layoff or reorganization and the employee’s former position is re-established within two (2) years of the effective date of separation, the separated employee will be offered his/her former position at the former salary adjusted for increases granted to bargaining unit positions during this time period. The separated employee will have thirty (30) days to accept or reject the position, and forty-five (45) days to start on the job.

    ARTICLE 21

    Disciplinary action or measures shall include the following:
        oral reprimand,
        written reprimand,
        suspension (nature to be given in writing) and

    a. Oral Reprimand – Oral statement administered by Supervisor to an employee.
      b. Written Reprimand – A formal statement delivered in writing by a Supervisor to an employee.

      c. Suspension – The temporary separation of an employee from employment for a defined period of time with or without pay (at the discretion of the Township Manager).

      d. Removal/discharge– The permanent separation of an employee from employment for cause.

      Some infractions may include, but are not limited to:

      1. Neglect of duty.

      2. Sleeping while on duty.

      3. Insubordination or serious breach of discipline.

      4. Intoxication while on duty/drinking or substance abuse during work hours.

      5. Chronic or excessive absenteeism/tardiness.

      6. Neglect of, or willful damage of Public property of waste of public supplies.

      7. The use or attempt to use one’s authority of official influence to control or modify the political action of any person in the service or engagement in any form of political activities during working hours.
      ARTICLE 21 (Cont.)

      8. Conduct unbecoming as an employee of the Township.

      9. Commission of a criminal act.

      10. Violation of the Drug and Alcohol Policy adopted by the Township. In which case, disciplinary action will conform to the policy guideline.

      11. Physical violence on the job initiated by the employee, which involves another employee or member of the public.

      12. A proven violation of the ethics ordinance involving a matter with a value more than $500.

      13. The intentional dissemination of misinformation to undermine the public confidence on the Township.

      When the Township manager or a supervisor believes that an employee is not performing consistent with Township policy and goals/standards, or that the employee has committed one of the above listed infractions, the Township Manager or Supervisor should privately discuss the matter with the employee concerned in order to obtain the employee’s viewpoint.

      Should the Supervisor consider the offense sufficiently serious to warrant formal action, the employee should be so advised, and a meeting arranged at the earliest possible date. All facts should be presented at this meeting, which should be conclusive . A written report of the meeting and all actions taken should be placed in the employee’s personnel folder. An Employee may request a Union Representative at any time during the meeting. Upon said request the meeting will stop until a union representative is available.

      For those employees who do not report directly to the Township Manager, in the event that it appears desirable to do so, the matter may be referred to the Township Manager for review and/or such action as is warranted by the facts. Any disciplinary action taken management against an employee must be initiated within a reasonable amount of time of the alleged violation or within a reasonable amount of time management discovers the violation.

      In the event of a serious breach of discipline, an employee may be suspended or discharged immediately. An employee is subject to immediate termination in egregious circumstances.

      a. Meeting and report, per procedure, result in recommendation to terminate.

      b. The Township Manager will meet with the Personnel Officer and the Township Attorney to discuss the recommendation.

      c. The Township Manager will send a copy of his determination to the employee, the Union, and the supervisor, if other than employee.

      d. Conference with Union and Township Manager, if Union requests.

      c. Township Manager sends formal notice of separation.

      ARTICLE 22

      The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to any problem which may arise affecting the terms and conditions of this agreement. The parties agree that this procedure will be kept as informal as may be appropriate.

      The term grievance as used herein shall be any controversy arising over the interpretation, application, or alleged violation of the terms and conditions of this agreement.

      The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this agreement, and shall be followed in its entirety unless any step is waive by mutual consent.

      STEP ONE
      The aggrieved shall file a grievance, in writing, with his immediate supervisor within ten (10) working days from the date of the grievance or ten (10) days from the employee’s knowledge of the potential grievance. Failure by the aggrieved to act within the specified time shall be deemed to constitute an abandonment of the grievance. The supervisor shall render a written decision within ten (10) working days from receipt of the grievance.

      STEP TWO:
      The Union has five (5) working days from receipt of the Step One answer, to process the grievance to Step Two, otherwise it shall be deemed withdrawn. If the grievance is filed at this step, it must be filed in writing to the Township Manager, even if filed with him at Step One. The Township Manager shall conduct a conference with the grievance at Step Two. The Township Manager shall have ten (10) working days after the conference to submit a written decision to the Union. The above time frames may be waived by mutual agreement and confirmed in writing.

      ARTICLE 22 (Cont.)

      All grievances as aforesaid between the parties that have not been satisfactorily settled after following the procedures outlined above shall, at the written request of either party, made to the other within ten (10) working days (not including Saturday or Sunday) after receiving the answer in Step Two, be referred to arbitration. If such written notice is not given within ten (10) working days (excluding Saturday and Sunday), the grievance will be deemed dropped. The demand written notice (Joint 11.15.99) shall be filed with the Public Employment Relations Commission, PERC.

      The decision of the arbitrator shall be final and binding on both parties. The cost of the arbitrator shall be shared equally by the Union and the Township.

      The arbitrator shall have no authority to change modify, alter, substitute, add to or subtract from the provision of the agreement. No dispute arising out of any question pertaining to the renewal of this agreement shall be subject to arbitration provisions of this agreement.
        (a) the arbitrator shall be bound to the provision of this Agreement and by the applicable laws of the state of New Jersey and the United States. The arbitrator shall not have the authority to add to any amendment or supplement thereto. In rendering his written award, the arbitrator shall indicate his findings of fact and reason for the decision. The arbitrator decision shall be final and binding upon the parties subject to applicable court proceedings.

      Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time lines for processing the grievance at any step in the grievance procedure.

      ARTICLE 23

      A. The parties to this agreement agree to meet on a quarterly basis, if needed, to discuss matters of mutual concern. Either the Union or the Township may call for a meeting. The party calling for the meeting shall submit an agenda to the other party five (5) days in advance.

      B. These Labor/Management meetings shall not be used to circumvent the grievance procedure and are designed to promote communication and harmonious relations between the parties.

      ARTICLE 24

      A. In addition to salaries and wages paid to Bargaining Unit personnel, there shall be longevity payments provided according to the table herein below, which shall be effective each year following completion of each five (5) years of continuous service so long as no permanent personnel policies shall have been established by the Township and agreed upon by the Bargaining Unit. According to this table, each employee shall receive annual longevity payments based upon the following scale:
          1. Five (5) years of service $1,500
          2. Ten (10) years of service $2,500
          3. Fifteen (15) years of service $3,500
          4. Twenty (20) years of service $5,000
      B. The amount authorized in the above longevity schedule shall be in addition to the basic salary established.

      C. Longevity payments in accordance with the above shall be included in the members’ regularly scheduled compensation payments.

      D. The years of service herein shall be determined from the date the employee commences working for the Township.

      ARTICLE 25

      A. Increase in salaries and wages paid to Bargaining Unit personnel shall be provided as indicated below:

                      July 1, 2002 2%
                      July 1, 2003 2%
                      July 1, 2004 Wage re-opener

      ARTICLE 25 (Cont.)

      B. Out of Contract Increases
        1. The Township shall have the right to give a member of the bargaining unit an out of contract increase. Out of contract increases may be granted only once per year for a bargaining unit Employee. The year shall be based on the Employee’s anniversary date (hereinafter “the anniversary year”) (e.g. If hired on June 1, 2000, the year shall run through May 31, 2001).
          2. The Township must notify the Union in writing of any out of contract increase(s), at least ten (10) business days prior to the effective date of the out of contract increase(s). The written notice shall indicate the effective date of the out of contract increase(s), the amount of the out of contract increase, the Employee’s name, date of hire, and job title.

          3. Employees of the bargaining unit who do not receive out of contract increases shall have the opportunity to meet with their respective department heads for further consideration. The Department Head’s decision shall be binding and shall not be subject to the grievance procedure.

          C. Pre-Tax Stipend
            1. Effective July 1, 2003, employees will receive an annual $1,800 pre-tax stipend for flexible spending account or deferred compensation plan or PERS supplemental annuity trust fund.

            ARTICLE 26

            Section 1
            For the purposes of this Article, employees shall be divided into two categories:
                    Category A. Member hired before January 1, 2000.

                    Category B. Member hired after January 1, 2000.
            Prior public service in New Jersey shall be counted cumulatively as service within the Township for purposes of this Article. Limitation: If previous employer covers employee’s health benefit plan, the employee is not able to substitute coverage.
              Section 2
              For the period July 1, 1998 through June 30, 2000, employee health benefits have been and
              are as follows:
                  A. Available plans
                      HMOs: Aetna US Healthcare
                      HMO Blue

                      PPO: Horizon Blue Select
                      Other: UHP HIP
                                Horizon Blue Cross
                                Horizon Blue Cross (or Cigna HMO, if enrolled)
                      OPTICAL: $50 reimbursement per employee per annum
                        DISABILITY: UNUM

                      ARTICLE 26 (Cont.)
                      MEDICAL BENEFITS
                          B. Payments
                            (a) Medical.
                              Members Hired before January 1, 1995, Township pays 100% of any plan.
                                Members Hired after January 1, 1995, Township pays 100% of UHP. Employee
                                pays difference between UHP if employee selects other plan.
                                  (b) Prescription and Dental.
                                    Members hired before January 1, 1995, Township pays 100%.
                                    Members hired after January 1, 1995, Township pays 80%; employee pays 20%.

                                    (c) Disability.
                                      Township pays 50% and all employees pay 50%.
                                    Section 3
                                    Effective July 1, 2003, employee health plans will be as follows.

                                    A. Available plans.


                                    HMO: HMO Blue

                                    PPO: Horizon Blue Select

                                    POS: Health Net Charter POS with $5 co-pay

                                    PRESCRIPTION: Benecard

                                    DENTAL: Blue Cross/Blue Shield, CIGNA HMO

                                    OPTICAL: $150 reimbursement per employee family per annum

                                    DISABILITY: UNUM

                                    ARTICLE 26 (Cont.)
                                    MEDICAL BENEFITS
                                          Note: If during the term of this contract the Township makes other health plans or changes
                                          to the above named plans available to other bargaining units, such plans will also be
                                          made available to the employees covered by this collective bargaining agreement.
                                            Note: After consultation with the Union, the Township may change the vendor for any of the
                                            above named plans as long as the aggregate of services and out-of-pocket costs to
                                            the employees are equivalent or better for the employees.
                                            B. Payments
                                              (a) Medical
                                              Category A. Township pays 100% of any plan.
                                                        Category B. Township pays 100% of POS Employee pays difference between POS and other plan, if employee selects other plan.

                                            (b) Prescription and Dental
                                                Category A. Township pays 100%.

                                                Category B. Township pays 80%; employee pays 20%.
                                              (c) Disability.
                                                  Township pays 50% and all employees pay 50%.
                                                Section 4
                                                  A. The Township has established a plan under Section 125 of the Internal Revenue Code to provide
                                                  a tax-free stipend under the Township ordinance to those employees who have medical coverage elsewhere and who elect not to enroll in the Township’s medical, dental, or prescription plans.
                                                  Under the Section 125 plan, the employee shall receive 40% of the amount the Township would
                                                  have paid for enrolling the employee in the plan or plans.

                                                ARTICLE 26 (Cont.)
                                                MEDICAL BENEFITS

                                                B. Effective July 1, 2000, the Township will expand its Section 125 plan to allow employees to
                                                establish flexible spending accounts to which they may contribute to pay for health and other expenses as allowed under the Internal Revenue Code. Up to the amounts allowed annually
                                                under the Internal Revenue Code, employees may pay into these flexible spending accounts from their salary or wages or additionally from their stipend under sub-section A of this section. Additionally, effective July 1, 2000, under the section 125 plan any employee who elects a less expensive medical plan than the one for which they are eligible may receive 40% of the
                                                Township’s premium savings. This 40% may be placed in a flexible spending account to pay
                                                for other allowable benefits or may be paid out as provided under the Internal Revenue Code.
                                                  Section 5
                                                  Employees retiring in the New Jersey pension system under service retirement, early retirement or veteran retirement and who have twenty-five (25) years of service with the Township and their dependents shall, at the employee’s option, receive the medical, prescription and dental benefits for which they are eligible under this agreement. (Category A) or with 20% contribution for prescription and dental (Category B ).

                                                  The spouse of a retiree receiving benefit under this Article may, at the spouse’s option, continue to receive these benefits after the death of the retiree, provided that this spouse was covered by this Article at the time of the employee’s retirement and is not otherwise eligible for medical benefits from his/her own employer.
                                                    Employees in all categories retiring in the New Jersey pension system under service retirement, early or veteran retirement and twenty (20) years of service to the Township may enroll in the POS at no cost to the retiree, as well as receive prescription and dental benefits in accordance with their Category (A or B). If the employee chooses a plan other than POS, he/she shall be responsible for payment of the premium difference between the POS and coverage elected by the employee in accordance with the following formula:

                                                    The Township will fund a portion of the premium difference equal to the employee’s number of years of service over twenty-five (25). (i.e. An employee with twenty (20) years of service who elects a plan other than POS, the Township will fund 20/25 or 60% of the premium difference.)

                                                    Employees with at least fifteen (15) years of service to the Township and twenty-five (25) years in the pension system may receive POS with the Township funding the following percentages:

                                                        15 years= The Township pays 75% of the POS premium.
                                                        16 years= The Township pays 80% of the POS premium.
                                                        17 years= The Township pays 85% of the POS premium.
                                                        18 years= The T wnship pays 90% of the POS premium.
                                                        19 years= The Township pays 95% of the POS premium.
                                                        20 years= The Township pays 100% of the POS premium.

                                                    ARTICLE 27
                                                    SICK LEAVE BUYOUT

                                                    110 days upon retirement for buyback.

                                                    An employee using seven (7) or less sick days in the calendar year shall be compensated for the unused days at the rate of twenty-five ($25) dollars per day.

                                                    If the employee uses three (3) or less sick days, the employee shall receive thirty-five ($35) dollars per day.

                                                    Unused sick days will continue to accumulate.

                                                    To be eligible for this benefit, the employee must be in service as of January 1 of the year benefits are calculated.

                                                    An employee who as of the first of the calendar year has accumulated fifty (50) or more sick days, shall have the option for that year of being paid sixty ($60) dollars for each of the annual sick days not used with no accumulation for days which payment is made or the employees may decline payment and permit unused sick days to accumulate.

                                                    ARTICLE 28
                                                    PERSONAL DAYS

                                                    Employees within the bargaining unit shall be entitled to three (3) personal days per year.

                                                    ARTICLE 29
                                                    PERFORMANCE EVALUATIONS

                                                    A. The Township Manager will conduct annual performance evaluations of all employees covered under this agreement.

                                                    B. Managers/Supervisors will be required to conduct annual evaluations of their employees.

                                                    ARTICLE 29.
                                                    DURATION OF AGREEMENT

                                                    This Agreement shall be in full force and effect as of July 1, 2002 and shall remain in effect through and including June 30, 2005. This Agreement shall continue in full force and effect from year to year thereafter, until one party or the other give notice, in writing, no sooner than one hundred fifty (150) nor no later than one hundred twenty (120) days prior to the expiration of this Agreement, unless both parties agree mutually in writing.

                                                    IN WITNESS THEREOF, the parties have hereunto set their hands and seals at the Township of Franklin, New Jersey on this ____ day of September, 2003

                                                    TOWNSHIP OF FRANKLIN

                                                    By: ________________________________ _________________________
                                                    Willis “Rickey” Sumter, Mayor Date

                                                    ATTEST: _____________________________ __________________________
                                                    Marc Dashield, Acting Township Clerk Date

                                                    ATTEST: ______________________________ ___________________________

                                                    AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 2426

                                                    By: _____________________________________ ___________________________

                                                    ATTEST: _____________________________ ___________________________



                                                    THE TOWNSHIP OF FRANKLIN


                                                    LOCAL 2426 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME)

                                                    Effective July 1, 2002 to June 30, 2005

                                                    Table of COntents

                                                    RECOGNITION 1

                                                    DUES CHECKOFF AND AGENCY SHOP FEE 2

                                                    FULLY BARGAINED PROVISIONS 3

                                                    MAINTENANCE OF WORK OPERATIONS 4

                                                    DISCRIMINATION AND COERCION 5

                                                    UNION REPRESENTATIVE – UNION RIGHTS 6

                                                    MANAGEMENT RIGHTS 7

                                                    PERSONNEL FILES 9

                                                    SAFETY 10

                                                    PROBATIONARY PERIOD 11

                                                    HOURS OF WORK AND OVERTIME 12

                                                    VACATIONS 13

                                                    OUT OF TITLE PAY 14

                                                    PROMOTIONS 15

                                                    LEAVES OF ABSENCE 16

                                                    MILITARY LEAVE 17

                                                    PROFESSIONAL LICENSES AND PROFESSIONAL ORGANIZATIONS 18

                                                    CAR EXPENSES/TOLLS/PARKING 19

                                                    FUNERAL BENEFITS 20

                                                    SEPARATION 21

                                                    DISCIPLINARY ACTION 23

                                                    GRIEVANCE PROCEDURE 26

                                                    LABOR/MANAGEMENT MEETINGS 28

                                                    LONGEVITY 29

                                                    SALARY INCREASE 30

                                                    Table of COntents (cont.)

                                                    MEDICAL BENEFITS 32

                                                    SICK LEAVE BUYOUT 36

                                                    PERSONAL DAYS 37

                                                    performance Evaluations……………………………………………………………………………….38

                                                    DURATION OF AGREEMENT 39

                                                    Franklin Tp and AFSCME Co 73 Loc 2426 2002.pdf